Legal Opinion

Hibbard, Spencer, Bartlett & Co. v. City of Chicago

Appellate Court of Illinois

Decided July 5, 1895PublishedCited by 1 opinion

Bill for Injunction.—Appeal from the Circuit Court of Cook County; the Hon. John Babton Payne, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

The city holds the streets thereof in trust for the use of the public, as public streets, in such manner as the necessities of the public may require.

Thus holding, it has no authority to convert or divert them to other uses.

Temporarily, that is, for such time and in such way as not

to interfere with their use as streets by the public, it may license individuals to use, for private purposes, portions of the street, but the city has no power to either sell or give away, for private use, the public streets. City of Quincy v. Jones…

2Cases cited15 opinions

  1. City of Chicago v. RumpffIllinois Supreme Court · 1867
  2. Field v. BarlingIllinois Supreme Court · 1894
  3. Tugman v. City of ChicagoIllinois Supreme Court · 1875
  4. Driggs v. . PhillipsNew York Court of Appeals · 1886
  5. Gridley v. City of BloomingtonIllinois Supreme Court · 1873

10 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. City of Chicago v. Gunning SystemAppellate Court of Illinois · 1904

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